**Detailed Breakdown of The Karnataka Conduct of Government Litigation Act, 2023: Provisions, Procedures, and Responsibilities**

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Below is a detailed breakdown of all provisions of the Karnataka Conduct of Government Litigation Act, 2023, covering suits, appeals, applications, and responsibilities. https://dpal.karnataka.gov.in/storage/pdf-files/28of2023(E)ConductofLitigation.pdf

Detailed Breakdown of The Karnataka Conduct of Government Litigation Act, 2023

Chapter I – Preliminary

1. Short title, commencement, and application

  • The Act is called The Karnataka Conduct of Government Litigation Act, 2023.
  • It applies to litigation involving the Government of Karnataka.
  • Came into force on July 27, 2023.

2. Exemptions

  • This Act does not apply to cases under the Karnataka Land Reforms Act, 1961.

3. Definitions

  • Case – Any proceeding involving the government before a court or tribunal.
  • Departmental Secretary – The officer in charge of government litigation matters.
  • Litigation Conducting Officer – The officer responsible for handling a case.
  • State Level Committee – A committee overseeing government legal cases.
  • Legal Cell – A dedicated unit in each department for litigation management.

Chapter II – Cases Filed by the Government

4. Government Permission for Institution of Cases

  • No case can be filed without prior approval from the government.

5. Procedure for Filing Cases

  • An officer must submit a detailed report before initiating litigation.
  • The report should include:
    • Case history
    • Facts and legal basis
    • Financial impact
    • Evidence and previous litigation records

6. Sanction for Prosecution

  • The Legal Cell must review and approve cases before filing.
  • The Law Department must sanction prosecution if required.

7. Preparation of Plaint

  • The Litigation Conducting Officer must work with legal experts to draft plaints and petitions.

8. Procedure After Case Filing

  • The Law Officer must send case details to concerned government departments.

9. Responsibilities of the Litigation Conducting Officer

  • Ensure regular updates on the case.
  • Seek injunctions or stay orders when required.
  • Provide necessary documents for case proceedings.

10. Urgent Cases

  • In emergencies, cases can be filed without prior approval.
  • However, post-filing approval must be obtained.

11. Response to Civil Procedure Code Section 80 Notices

  • The government must respond within 60 days to notices issued under Section 80 CPC.

12. Examination of Claims Against the Government

  • Legal claims must be examined within 60 days of receipt.

Chapter III – Cases Filed Against the Government

13. Writ Petitions Against the Government

  • Cases must be reviewed by the Law Department before preparing a defense.

14. Summons and Appearance

  • The government must immediately assign a Law Officer upon receiving a summons.

15. Preparing a Defense Statement

  • Government must submit written objections and counterarguments.
  • If multiple departments are involved, a common defense statement is prepared.

16. Sanction for Defense

  • The Law Secretary must approve the defense before filing court responses.

17. Approval of Government Defense

  • The Law Officer must submit a draft for approval before filing a response.

18. Duties of the Law Officer

  • Examine all legal aspects of the case.
  • Ensure all possible defenses are raised.
  • File legal documents on time to avoid ex-parte judgments.

19. Role of the Law Secretary

  • Ensure proper case handling and legal accuracy.
  • Avoid unnecessary admissions that may harm the government.

20. Responsibilities of the Litigation Conducting Officer

  • Provide documents, facts, and witnesses for the trial.
  • Ensure timely responses to court orders.

Chapter IV – Conduct of Cases

21. Framing of Issues

  • Ensure that courts frame all necessary legal issues before trial.

22. Assistance During Trial

  • Government officers must assist the Law Officer in presenting cases.

23. Production and Custody of Documents

  • Documents must be produced without delay.
  • Certified copies should be submitted when possible.

24. Witness Handling

  • The Law Officer must prepare a list of witnesses.
  • The government must ensure witness attendance.

25. Examination on Commission

  • Government may request examination of evidence outside court when required.

26. Safeguarding Government Interest

  • No compromises or admissions should be made without legal approval.

27. Certified Copies of Judgments

  • Law Officers must obtain certified copies of judgments immediately.

Chapter V – Appeals, Reviews, and Revisions

28. Appealable Cases

  • Appeals must be filed within the limitation period if a case affects:
    • Government property
    • Public funds
    • Policy matters

29. Government Appeals

  • The Litigation Conducting Officer must ensure timely appeals.
  • Appeals must include a stay application when necessary.

30. Appeals Against the Government

  • If a judgment adversely affects the state, a review must be conducted before appealing.

Chapter VI – Supreme Court Litigation

31. Cases Filed by the Government in Supreme Court

  • Appeals must be authorized by the Law Secretary.

32. Government Defense in Supreme Court Cases

  • The Advocate General coordinates Supreme Court cases.

Chapter VII – Land Acquisition Cases

33. Handling Compensation Claims

  • Land acquisition disputes are handled by the Revenue Department.

34. Appeals Against Land Acquisition Awards

  • Appeals must be filed if compensation awards exceed government valuation.

Chapter VIII – Motor Accident Claims Against the Government

35. Procedure in Accident Claims

  • The State Insurance Department manages accident liability cases.

Chapter IX – Execution of Decrees Against the Government

36. Execution of Decrees

  • The government must comply with court decrees promptly.

37. Avoiding Attachment of Government Property

  • Proactive steps must be taken to prevent seizure of government assets.

Chapter X – Criminal Cases Against Government Officials

38. Duties of Government Prosecutors

  • Ensure proper legal representation in criminal cases.

39. Appeals in Criminal Cases

  • Appeals must be carefully reviewed before filing.

Key Takeaways

  • The Act ensures efficient case management in government litigation.
  • Strict approval mechanisms exist for filing and defending cases.
  • Timely action is required to protect government interests.


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